STB INVESTMENTS CORPORATION v. STERLING & STERLING, INC.

10483. 650390/14.

178 A.D.3d 413 (2019)

111 N.Y.S.3d 170

2019 NY Slip Op 08606

STB Investments Corporation et al., Appellants, v. Sterling & Sterling, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 3, 2019.


Attorney(s) appearing for the Case

Duane Morris LLP, New York ( Fran M. Jacobs of counsel), for appellants.

Goldberg Segalla LLP, New York ( Peter J. Biging of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.


Issues of fact exist as to whether a special relationship arose between plaintiff STB Investments Corporation and its managing agent plaintiff 303 West 42nd Street Realty Co. (plaintiffs), on the one hand, and defendant insurance broker, on the other, that imposed on defendant a duty to advise plaintiffs as to insurance coverage that would have included the loss arising from plaintiffs' demolition project (see Voss v Netherlands Ins. Co., 22 N.Y.3d...

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